New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Petroleum act 1937

  • 15 Dec 2022

    GIBBS v FIRST GAS LTD [2022] NZCA 627

    Citation
    [2022] NZCA 627
    Court
    Court of Appeal

    The Court held that the PECs together with the Petroleum Act 1937 give First Gas a right of entry on the land to which the certificates relate for inspection, repair and maintenance of the pipeline and to deposit/store machinery as necessary; those rights are not confined to the 12 metre pipeline strip shown on the PEC diagrams, the prior construction-phase Maui Pipeline Agreement did not bind or limit First Gas and was effectively superseded by the PECs, and a permanent injunction restraining the Trustees from obstructing access was appropriate given the history of obstruction and the public…

  • 12 Apr 2022

    FIRST GAS LIMITED v GIBBS [2022] NZHC 742

    Citation
    [2022] NZHC 742
    Court
    High Court

    Costs awarded to First Gas Limited on the standard approach: costs follow the event. The dispute did not raise public interest grounds sufficient to displace ordinary costs rules; the proceedings were appropriately categorised as Category 2, Band B given their nature and complexity; the award covers the substantive hearing and the earlier interim injunction and variation applications whose costs were reserved; enforcement and stay issues to be litigated separately.